Convention on the Protection of the Rights of Migrant Workers (CMW, 1990) The CMW Committee and the CRC Committee have issued two complementary joint General Comments expanding on the rights of children in the context of international migration and the protections against statelessness under the CMW and CRC. Treaty body: CMW Committee Ratification status: 29 African States Key article(s): Article 7, Article 21, Article 22, and Article 29 The CMW protects both regular and irregular Joint Comment No. 3 (2017) of the CMW Committee and No. 22 (2017) of the CRC Committee: General Principles Regarding the Human Rights of Children in the Context of International Migration:[14] migrant workers and their families. Article 29 provides direct protection against statelessness for children of migrant workers by recognising their right to birth registration and the Committees affirm that all children right to a nationality. affected by international migration are entitled to the enjoyment of their rights, The CMW also provides indirect protection by regardless their parents, Article 7 ensures that migrant workers and members their the enjoy all rights under the Convention without discrimination based on sex, race, colour, language, religion, ethnic or social origin, nationality, or other status. Article 21 prohibits the arbitrary confiscation or destruction of identity documents, travel documents, or documents authorising residence Article 22 provides protection their documentation status, statelessness, or the status of guaranteeing basic rights and protections: families of against arbitrary expulsion, which can be vital for stateless migrants who might be at risk of guardians, Committees or emphasise family that the child’s right to life includes obligations on States to prevent and mitigate migration-related risks faced by children and special attention is urged for undocumented children, asylum-seeking children, and stateless children as particularly vulnerable groups the Committees recommend continuous and periodic training for child protection, migration, training and related officials. should cover the rights This of deportation due to their lack of nationality children, and/or documentation stateless persons, including issues of Article 44 provides protection for family unity intersectional discrimination. migrants, refugees, and and encourages States to adopt measures to facilitate family reunification, which may include documentation. [14] UN Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW), UN Committee on the Rights of the Child (CRC), Joint General Comment No. 3 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 22 (2017) of the Committee on the Rights of the Child on the General Principles Regarding the Human Rights of Children in the context of International Migration, CMW/C/GC/3-CRC/C/GC/22, 16 November 2017, https://www.refworld.org/legal/general/cmw/2017/en/149169. 24

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